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Guide to Combat Crime Related to Falsified Medical Products

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Guide to Combat Crime Related to Falsified Medical Products COMBATING FALSIFIED MEDICAL PRODUCT-RELATED CR ME A GUIDE TO GOOD LEGISLATIVE PRACTICES UNITED NATIONS OFFICE ON DRUGS AND CRIME COMBATING FALSIFIED MEDICAL PRODUCT-RELATED CRIME: A GUIDE TO GOOD LEGISLATIVE PRACTICES UNITED NATIONS Vienna, 2019 i Acknowledgements This Guide was prepared by the Organized Crime Branch, Division for Treaty Affairs, United Nations Office on Drugs and Crime, and was funded by France. This Guide benefited from the invaluable contributions of numerous experts in falsified medical products from all continents of the world, acting in their individual capacity. The United Nations Office on Drugs and Crime also wishes to thank the Council of Europe, the Economic Community of West African States, the European Union, the International Council of Nurses, the International Criminal Police Organization (INTERPOL), the New Partnership for Africa’s Development, the World Customs Organization and the World Health Organization for providing their expertise. Core team Hugo Bonar, Antonio De Vivo, Marion Ehalt, Karen Kramer, Riikka Puttonen and Christian Tournié Legal editing Colin Craig © United Nations, May 2019. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication may be reproduced in whole or in part and in any form for educational or nonprofit purposes without special permission from the copyright holder, provided acknowledgement of the source is made. UNODC would appreciate receiving a copy of any publication that uses this publication as a source. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Photo credits cover: © iStock.com/FotografiaBasica ii w CONTENTS Introduction ................................................................................................................................1 Statement of the problem ............................................................................................................. 1 Definition of falsified medical products ..................................................................................... 2 Legal framework ........................................................................................................................... 2 How to use this Guide .................................................................................................................. 3 Chapter I. General provisions ..................................................................................................5 Objectives and scope of application of this Guide .................................................................... 5 Jurisdiction .................................................................................................................................... 6 Glossary of terms .......................................................................................................................... 7 Important definitions ................................................................................................................... 8 Chapter II. Prevention of falsified medical products ............................................................13 Regulating the supply chain ....................................................................................................... 13 Research and data collection, exchange and analysis ............................................................. 16 Chapter III. Offences ..............................................................................................................19 Elements of criminal offences .................................................................................................... 19 Offences covered by this Guide ................................................................................................. 20 A. General offences .......................................................................................................................... 21 Manufacture of a falsified medical product ............................................................................. 21 Trafficking in falsified medical products .................................................................................. 24 Possession of falsified medical products intended (or likely) to be used in manufacturing or placed in the distribution system ............................................................... 25 Offences related to trafficking in falsified medical products by electronic and distance selling ............................................................................................................................ 26 Failure to report .......................................................................................................................... 27 B. Offences related to the falsification of documents, equipment, implements and materials ............................................................................................................................... 28 C. Related offences ........................................................................................................................... 29 Conspiracy or criminal association .......................................................................................... 29 iii w Secondary liability ...................................................................................................................... 31 Obstruction of justice ................................................................................................................. 32 Money-laundering ...................................................................................................................... 34 D. Penalties, sentencing and other orders ..................................................................................... 35 Imprisonment .............................................................................................................................36 Non-custodial penalties and other orders ...............................................................................37 Additional penalties ...................................................................................................................37 Aggravating and mitigating circumstances .............................................................................38 Chapter IV. Liability of legal persons ....................................................................................41 Chapter V. Investigations .......................................................................................................47 Special investigative techniques ................................................................................................ 48 Controlled delivery ..................................................................................................................... 49 Assumed identities and infiltration .......................................................................................... 49 Electronic surveillance ............................................................................................................... 50 Seizure and confiscation ............................................................................................................. 50 Collection and analysis of samples and certificates of result of tests, examinations or analyses .................................................................................................................................... 51 Disposal........................................................................................................................................ 52 Chapter VI. Prosecution of offences ......................................................................................53 Detention pending trial .............................................................................................................. 53 Prosecutorial discretion ............................................................................................................. 53 Alternatives to trial ..................................................................................................................... 54 Statute of limitations ................................................................................................................... 54 Chapter VII. National and international cooperation ..........................................................57 National cooperation .................................................................................................................. 57 International cooperation .......................................................................................................... 59 Mutual legal assistance ............................................................................................................... 60 Extradition ................................................................................................................................... 60 Law enforcement cooperation ................................................................................................... 61 Joint investigations ...................................................................................................................... 62 Chapter
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